BILL NUMBER: SB 590 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 1999
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Morrow
FEBRUARY 23, 1999
An act to amend Section 3700 of, and to repeal
and add Section 3701 of, of the Penal
Code, relating to death row inmates.
LEGISLATIVE COUNSEL'S DIGEST
SB 590, as amended, Morrow. Death row inmates: sanity.
(1) Existing law requires a warden of a prison who has good reason
to believe that a defendant, under judgment of death and after
delivery to the warden for execution, has become insane, to call that
fact to the attention of the district attorney of the county where
the prison is situated. Existing law also requires the district
attorney to file a petition in the superior court of that county
asking that the defendant's sanity be inquired into by a specified
procedure that includes a hearing.
This bill would instead require a warden of a prisoner who has
been delivered for execution, to notify in writing the district
attorney of the county where the judgment of death was executed where
there is good reason to believe the prisoner has become insane. The
bill would require the district attorney to file a petition in the
superior court of that county within 10 5
court days of receiving that written notice. The petition
would include specified information and request the court to resolve
the question of the prisoner's sanity. The bill would require the
court , within 10 days from the date of the petition, to
summon and impanel a jury of 12 persons to hear the inquiry. The
bill would also provide that if there are judgments of death from
more than one county, the prisoner would only be entitled to one
hearing on the issue of his or her sanity. By increasing the duties
of local officials, this bill would impose a state-mandated local
program.
(2) Existing law prohibits a judge, court, or officer,
other than the Governor from suspending the execution of a judgment
of death, except a warden of the state prison, as specified.
This bill would create an additional exception to the above
provision by providing that the filing of a petition under the
provisions summarized in (1) would toll the time set by the warrant
of execution and that the warrant of execution would be suspended
during the pendency of the proceedings on the prisoner's sanity.
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3700 of the Penal Code is amended to read:
3700. (a) Except as provided in subdivision (b), no judge, court,
or officer, other than the Governor, may suspend the execution of a
judgment of death, except the warden of the State prison to whom he
or she is delivered for execution, as provided in the six succeeding
sections, unless an appeal is taken.
(b) The filing of a petition by the district attorney pursuant to
subdivision (b) of Section 3701 shall toll the running of the time
set by the warrant of execution pursuant to Sections 1193 and 1227 to
execute the judgment of death. The warrant of execution shall be
suspended during the pendency of the proceedings conducted pursuant
to subdivisions (b), (c), and (d) of Section 3701. The time to
execute the judgment of death under the warrant of execution shall
begin to run again from the date of a finding that the defendant is
presently sane.
(c) Notwithstanding the provisions of Sections 1193 and 1227, if
the time to execute the judgment of death set by the warrant of
execution would expire less than five days from the date that the
defendant is found to be sane at the conclusion of Section 3701
proceedings, the time to execute the judgment of death shall be
automatically extended by a period of 10 days from the date that the
warrant of execution is set to expire.
SEC. 2.
SECTION 1. Section 3701 of the Penal Code is repealed.
SEC. 3.
SEC. 2. Section 3701 is added to the Penal Code, to read:
3701. (a) If after his or her delivery to the warden for
execution, there is good reason to believe that a defendant who is
under a judgment of death has become insane, the warden shall notify
in writing the district attorney of the county in which the judgment
of death was executed.
(b) Within 10 five court days of
receipt of the written notice from the warden, the district attorney
shall file in the superior court of that county a petition. The
petition shall identify the defendant's conviction and judgment,
shall state that the warden of the state prison has informed the
district attorney that there is good reason to believe that the
defendant is insane, and shall request that the court resolve the
question of the sanity of the defendant.
(c) The Within 10 days from the date of
the petition, the superior court shall cause to be summoned
and impaneled from the regular list of that county, a jury of 12
persons to hear the inquiry into the present sanity of the defendant.
(d) If the defendant is under a judgment of death from more than
one county, the defendant shall be entitled to only one hearing on
the inquiry into the present sanity of the defendant. The hearing
shall be held in the county in which the most recent judgment of
death was entered. The resolution in that county of the present
sanity of the defendant shall determine the question of the sanity of
the defendant on all judgments of death imposed upon the defendant.
SEC. 4.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.